Opinion
January 18, 1996
Appeal from the Supreme Court, Bronx County (Martin Marcus, J.).
Defendant's claim that the evidence was legally insufficient is without merit, and the verdict was not against the weight of the evidence. Nothing in the complainant's testimony was such as to demonstrate that the jury's verdict was manifestly erroneous or so plainly unjustified as to require its reversal ( People v Bartley, 220 A.D.2d 207). Such testimony was not rendered incredible simply because the proceeds of the robbery were not found on defendant ( People v Cruz, 173 A.D.2d 320, 321). Nor does the fact that the complainant did not give a full description of the perpetrators to the police before pointing them out from the patrol car warrant rejection of the testimony.
Concur — Rosenberger, J.P., Wallach, Rubin, Nardelli and Mazzarelli, JJ.